On petition for a rehearing on a writ of certiorari, the Supreme Court wants me to state the "intervening circumstances."
The case was filed in California in the district court. It is a copyright infringement case.
I think an intervening circumstance might be that, after the district court ruled on the summary judgment, I learned the court had access to evidence that was listed on the joint exhibit list but that the judge did not analyze the evidence in its summary judgment. The judge used the evidence that he excluded against me when he ruled on the summary judgment. I was never made aware that the evidence had been submitted. The legal eagles kept in the dark. I learned of the joint exhibit list after the summary judgement ruling.
Can this be named as an intervening circumstance?The statement should have read: The legal eagles kept me in the dark.
? Just tell the court the legal eagles kept you in the dark.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
What the Supreme Court apparently means is that they want you to cite some new case law or statutory development that took place after you filed the Petition for Certiorari, that, because of its newness, could not have been raised in the original petition you filed with the Supreme Court, which has already been considered and denied by them.
If you already raised the issue of the unconsidered evidence in your presentation to the 9th Circuit, the Supreme Court already considered that when they issued their first rejection to you. If you did not already present it to the 9th Circuit, then the USSC cannot touch it anyway, because you did not preserve the issue.
Information that you learned after a district court judgment must first be presented to the district court, and cannot be raised for the first time in the supreme court. Examine the federal rules of civil procedure, especially rules 59 and 60, for more information on the proper procedure to reopen a case after judgment. You can find the FRCP at http://www.law.cornell.edu/rules/frcp/
For what it is worth, the fact that the judge did not mention a particular piece of evidence in a written ruling does not necessarily establish that the judge did not consider that evidence. If it somehow did establish that, you would still have to establish that there would have been a different result if it were considered. Your position, as you have stated it here, appears weak to me, suggesting that maybe you should hire competent legal representation in your area to help persuade judges that not only was there legal error, but that it is not harmless error, and also that it is not procedurally barred from consideration now. Good luck.
Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
You need to retain counsel to advise you on this matter. If there has been a miscarriage of justice, there are remedies (which start in the District Court, not the Supreme Court). Copyright infringement cases are complex and even sophisticated counsel disagree on many points of law. If you are handling a copyright case without counsel, you are at a severe disadvantage. Your best and, as a practical matter, only hope here is to hire your own legal eagle.
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